Case law

Gamza v. Aguirre

619 F.2d 449 · Court of Appeals for the Fifth Circuit · Jun 19, 1980

Because the evidence does not establish a deprivation of federal constitutional rights, we reverse. I. … Cherry, 489 F.2d 1098 (7th Cir. 1973), cert. denied, 417 U.S. 910 , 94 S.Ct. 2607 , 41 L.Ed.2d 214 (1974), the offering of a sham candidate to prevent another from winning the primary election was said to have "clearly debased

David Johnson v. Christopher Epps

479 F. App'x 583 · Court of Appeals for the Fifth Circuit · Jun 21, 2012

“This court reviews de novo the district court’s resolution of legal issues on a motion for summary judgment on the basis of qualified immunity.”28 Any immunity would apply only to the claims for damages, as qualified immunity … in its qualified immunity analysis.

United States v. Bradford

205 F.3d 840 · Court of Appeals for the Fifth Circuit · Mar 3, 2000

Although we are not entirely convinced § 1955 has been consistently interpreted to contain the unwritten qualifier of “violation of [a criminal] law of the State,”3 as Appellants suggest, … Miss. 1999) (holding that unlicensed gambling “was clearly criminal and illegal”). 7 But see Weinstein v.

Wilson v. Stroman

33 F.4th 202 · Court of Appeals for the Fifth Circuit · Apr 28, 2022

Hand does not cite the Supreme Court’s decision in Malley (or any other modern qualified immunity caselaw) despite being issued over two years after Malley. … If the plaintiffs wish to establish a Franks violation, or, similarly, wish to establish the taint exception to the independent intermediary doctrine, they must point to omitted or misrepresented facts, not legal conclusions

Gilbane Building Co. v. Admiral Insurance

664 F.3d 589 · Court of Appeals for the Fifth Circuit · Dec 13, 2011

The indemnity provision therefore qualified as an insured contract, and Swift qualified as an additional insured. Id.; see also LeBlanc v. … As explained above, supra Part IV.A., Gilbane does qualify as an additional insured.

National Ass'n for the Advancement of Colored People v. Gallion

290 F.2d 337 · Court of Appeals for the Fifth Circuit · May 15, 1961

The NAACP then answered and admitted it had carried on activities and had established an office in Alabama. It denied that it was required to qualify as a foreign corporation but offered, if permitted, to do so. … The NAACP, in addition to asserting a constitutional immunity from disclosing the names of its members, attempted to challenge the validity of the restraining order.

Roe v. Johnson County

Court of Appeals for the Fifth Circuit · Jan 5, 2023

Roe challenges the district court’s grant of summary judgment in favor of Blankenship based on qualified immunity. We review a grant of summary judgment based on qualified immunity de novo. Carnaby v. … To determine whether a defendant is entitled to qualified immunity, we ask “(1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant's

Florida Nursing Home Association v. William Page, Jr., the Department of Health, Education and Welfare and Patricia Roberts Harris, Secretary of Health, Education and Welfare, Golden Isles Convalescent Center, Inc. v. William Page, Jr., the Department of Health, Education and Welfare and Patricia Roberts Harris, Secretary of Health, Education and Welfare, Golden Isles Convalescent Center, Inc., D/B/A Hallandale Rehabilitation Center, Etc. v. Patricia Roberts Harris, Individually and as Secretary of the Department of Health, Education and Welfare, William J. Page, Jr., Individually and as Secretary of the Department of Health and Rehabilitative Services of the State of Florida, Defendants

616 F.2d 1355 · Court of Appeals for the Fifth Circuit · May 16, 1980

9 an unconsenting state is immune from suits brought in federal court by her own citizens. … The Alabama court in invalidating the administrative regulation insofar as it set an effective date other than July 1, 1976 for implementing a reimbursement plan based on a reasonable cost basis found it to be clearly inconsistent

Nikoloutsos v. Nikoloutsos (In Re Nikoloutsos)

199 F.3d 233 · Court of Appeals for the Fifth Circuit · Jan 6, 2000

However, we hold that these two findings were clearly erroneous. … Nikoloutsos’s October 4, 1995 complaint qualifies as an informal proof of claim because the equities clearly weigh in her favor. As such, we also find that the bankruptcy court erred in allowing Mr.

Bacque Ex Rel. Bacque v. Leger

207 F. App'x 374 · Court of Appeals for the Fifth Circuit · Nov 9, 2006

Consequently, Plaintiffs were required to demonstrate genuine issues of material fact that, if believed, established that the officers used deadly force clearly excessive to the need to restrain Ken Bacque. … immunity. 3  Each qualified immunity case must be analyzed according to its peculiar facts.

Stevie Don Jackson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

217 F.3d 360 · Court of Appeals for the Fifth Circuit · Aug 21, 2000

I Implicit Wavier of Teague by the State The retroactivity principle established by the Supreme Court in Teague v. … College Savings Bank, 527 U.S. 627 , 119 S.Ct. 2199, 2204 , 144 L.Ed.2d 575 (noting the ability of states to waive Eleventh Amendment immunity). 12 . 510 U.S. at 389 , 114 S.Ct. 948 . 13 .

Duhon v. Union Pacific Resources Co.

Court of Appeals for the Fifth Circuit · Jan 19, 1995

In this case, Union Pacific clearly should be treated as a domiciliary of Texas. … Under Louisiana law, UPRC qualifies as Duhon's statutory employer and could have been forced to pay worker's compensation benefits to him had Grey Wolf failed to do so.

Richard B. Sagers v. Yellow Freight System, Inc. v. Truck Drivers and Helpers, Local Union No. 728

529 F.2d 721 · Court of Appeals for the Fifth Circuit · Apr 2, 1976

Since the award of back pay to plaintiff Sagers in no way affects the potential monetary recovery for unnamed class members on remand, no possible prejudice can result, and Sagers’ representation is immune from challenge. … Whatever the records there revealed, the record before us in the instant case clearly establishes that the connection between the International and the contracts in issue was sufficient to hold the International liable along

Gosby v. Apache Industrial

30 F.4th 523 · Court of Appeals for the Fifth Circuit · Apr 8, 2022

That requires an employee to establish (1) she is disabled within 3  No. 21-40406 the meaning of the ADA, (2) she was qualified for the job, and … Gosby did not argue she was “clearly better qualified than similarly situated employees” but claimed that Apache used criteria for selecting those to be terminated that allowed her disability to be considered.

Cordell Davis v. City of Fort Worth

Court of Appeals for the Fifth Circuit · Feb 3, 2015

Qualified Immunity from Excessive Force Claim Appellants contend that the district court erred in granting Romer summary judgment based on his defense of qualified immunity. … the defendant’s behavior was objectively reasonable under clearly established law at the time the conduct occurred.”

Johnson v. Housing Authority of Jefferson Parish

442 F.3d 356 · Court of Appeals for the Fifth Circuit · Mar 6, 2006

The intent to benefit tenants is undeniable.”27 The Court expressly determined that “the benefits Congress intended to confer on tenants are sufficiently specific and definite to qualify as enforceable rights under Pennhurst … language could not be clearer in providing for “the monthly assistance payment for a family receiving assistance.”34 Still, the Housing Authority argues in its appellate brief that Congress did not so clearly

Willis v. Coca Cola Enterprises, Inc.

445 F.3d 413 · Court of Appeals for the Fifth Circuit · Mar 31, 2006

Thus, Defendant was clearly on notice that Plaintiff might qualify for FMLA benefits since Defendant triggered Plaintiff’s leave. … To establish a prima facie case, the plaintiff must show that “(1) she is a member of a protected class, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) others similarly situated

Meyers v. State of Texas

454 F.3d 503 · Court of Appeals for the Fifth Circuit · May 19, 2005

The district court held that the doctrine of qualified immunity barred 8 Lapides’s federal-law claims against the university officials but that the board had waived its Eleventh … Although the state’s intent to waive its immunity must be clearly indicated, “finding waiver in the litigation context” rests upon the “judicial need to avoid inconsistency, anomaly, and unfairness,” and not upon a “State

James R. Foley and G. Larry Morgan v. The Alabama State Bar Board of Commissioners of the Alabama State Bar

648 F.2d 355 · Court of Appeals for the Fifth Circuit · Jun 19, 1981

We believe the district court was correct in finding that the plaintiffs failed to carry their burden of establishing these four prerequisites to injunctive relief. … Although some portions of the advertisements at issue are clearly within the category of routine legal services, with respect to which the Supreme Court in Bates has held that truthful advertising cannot be restrained, other

Jenkins v. Inocencio

Court of Appeals for the Fifth Circuit · Jun 4, 2026

Discussion On appeal, Inocencio contends that he is entitled to qualified immunity. … immunity “unless the plaintiff[] ha[s] alleged facts sufficient to plausibly show that (1) the defendant’s conduct violated a constitutional right and (2) the constitutional right was clearly established at the time of the